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Denied Twice-Appeal Again? Hire An Attorney?

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redfox

Question

I'm new here, just left a women veterans conference and heard about this site.

OK, The issue is two issues that have been denied by the VA.

First, while I was in basic training, the TI took away my retainers. She said "I'm not choking on those on her watch." Six weeks later, my teeth had moved enough to crack the retainers when I put them back on. I had only had them off from Oct to March, and from what I understand now, is that a orthodontic patient needs up to one year wearing retainers to keep teeth from going back to their former position. The dental clinic at my first base said I was lying, no TI would do such a thing. Second base wouldn't do anything, like tough luck. After I did a Palace Chase from active to guard, I had a root canal to kill the nerve the bottom row teeth were so sensitive.

VA is denying this portion of the claim due to no trauma. This happened at the beginning of my active duty career and no one I talked with along the way would do anything about it.

Second issue is I had two deviated septum surgeries while active duty. The second surgery notes are exactly the same as the first, only admit time and attendants are different. I visited an local civilian ENT and he said basically my sinus cavity has calopsed, my nose has shifted due to non support put in the bridge by the AF ENT dr. It's like having a tent that the support in the middle is sagging.

The ENT dr also volunteered to do some 'tip work' of which I was excited about and that is what the VA is citing I was happy with the results. VA denies this as too as no trauma endured. The VA basically cited that I allowed the AF to perform cosmetic surgery. I was looking forward to breathing better due to a kinked septum. If I had wanted cosmetic surgery I would have went with a board certified plastic surgeon. The AF ENT dr would not remove a nodule on the side of my nose or shave down scar tissue on the bridge of my nose. Everything he did was inside.

I was able to obtain a disability for PTSD, noncombat related due to being married to a spousal rapist. There was information in my medical records of when I spoke to some counselor. I didn't even remember it. I do remember filing a police report with the SP's of an incident and was ready to leave him, but my son was only 1 1/2 at the time and I tore it up at the police station. I stayed with him for 12 years. I didn't believe in divorce, but enough was enough. He was abusive to our son in many ways as to me. Our daughter was 'daddy's little girl' and was spared. Very controlling, and I later found out very vindictive and manipulative. I met him in Germany, he was military also. He's taking me to court again this summer for the fourth time. I'm not rid of the problem, he is still trying to find ways to control me. He doesn't know I have a disability due to him. He tells everyone I'm crazy and have drama, even to the kids.

Should I hire a lawyer? Should I file another appeal with the VA? I've had The American Legion as my POA,, but I don't sense they've done much of anything on my behalf. For the PTSD claim, I filed myself.For the two issues listed above, I just want what was messed up made right.

I also have endometrosis. I started having symptoms while active duty.The AF ob dr said something to the effect like you've had a child, things are never going to be the same and you will feel some odd discomfort. Are you kidding me? I filed this in the first claim but was denied too. After I left active duty for the guard I had a surgery for it, I had a second surgery a couple years later. I had a surgery in 2010 and this time my dr said I was clean, no lesions. I asked why is that when I have the terrible pain? She said the brain remembers sexual trauma to the area and it is known as phantom pain. One lady suggested I do a CUE on this but I understand the VA doesn't do much for guard personnel unless they are on active duty orders.

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